• Land Property is not registered in the name of buyer even after the entire payment made long back

The entire payment has already been made 3-4 years ago. But the registration of the land/ plot has not yet done by the developer. He has been dragging the issue stating that permission was not given by the govt for registration due to some problems. If that is the case, my hard earned money is kept with him since long. Now I don't get any interest for that amount and the registration is not being done. He is avoiding to take even phone calls to respond. Kindly help me pls. I would be extremely grateful to you if you could kindly guide me how to proceed legally and whether rera act is applicable to the open plots ?
Asked 1 year ago in Property Law from Warangal, Telangana
Religion: Hindu

Sir you have to give a legal notice to the developer and then if on notice he fails to register the plot in your name in that scenario you have to file.a suit.for.specific performance seeking relief against developer to register the plot in your favour or alternatively refunding complete amount with interest.

RERA is not.applicable.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you must have entered into an agreement to sell with the builder.
  2. And in the same, you would have written as the amount paying and  next date of payment the final amount, which you have done also as per your query.
  3. Now, if he has been not listening to you for getting it registered, then I would suggest you to move before the Civil Court of Law for the enforcement of terms and conditions in the agreement of sell with interest on the amount paid by you.
  4. And please look for the limitation period, which is of two years to enforce any agreement or contract, and that can be done by showing your regular intimation tot he builder for the compliance of the same.

And if no agreement to sell, then plan of action will be different...!

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

you can recover your money back with interest from the builder from the date of your payment till realization. As a first step you need to issue him a legal notice through an advocate and there after it is advised to approach the consumer forum for claiming compensation and refund of money along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

The rera act is applicable as the builder took money from you and promised you that he would deliver you the finished flats but didn't do so. This also comes under the criminal breach of trust and hence a criminal complaint can also be filed against him.

Regards 

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

issue legal notice to seller to execute registered sale deed as full payment has been made by you 

 

2) if he refuses file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

1. You have given him the latitude by waiting for so long.

2. Now immediately serve a lawyer's notice on him to seek registration of the sale deed or return the amount paid with interest. If he does not do so then file a complaint case in the consumer forum to seek this prayer.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Rera applies to open plots as well

Please file a complaint against builder for non registration of project with Rera and for refund with interest and compensation

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

First issue a legal notice to the builder demanding the registration of the proeprty to your name.

Let him give a reply or not, you may either approach RERA for reliefs or consumer forum or a civil court with a suit for specific performance of contract.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Hi,

RERA applies to the land (proposed to be developed) which is 500 square meter area or above. So you need to check on that.

You have following course of legal action to be taken:

1. Send Legal Notice.

2. If RERA is applicable, file a complaint before RERA authority, otherwise, file complain before consumer court seeking for refund of the entire amount along with 18% interest.

3. You can also file a police complaint for Cheating.

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

5.0 on 5.0

File criminal complain u/s 406 , 420 IPC and also file consumer complain for compensation and interest.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1. IF the Land is a agricultural land THEN it cannot be registered due to technical issues and probably you might not be a agriculturist, which is mandatory for agricultural land.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

4. Depending on available documentations, you also have an option of file a grievance petition before the Local Consumer Court and claim damages & compensation, for the harassment and negligence of the developer.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
3677 Answers
19 Consultations

5.0 on 5.0

Hello,

Is this a builder or some local developer?

Is this project RERA registered?

You may accordingly file a case in RERA, consumer forum or civil court to claim the compensation.

The exact forum can be told to you after seeing the documents. 

You may till then send a legal notice to the concerned. 

Regards 

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

File a Complaint before rera if applicable else file before Consumer court. Nowadays you can also file a case before NCLT if the builder is private company

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

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